Loading...
HomeMy WebLinkAboutItem 21 - Create the Job Classification Homeless Services Division Manager Human Resources www.santa-ana.org/hr Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 5, 2021 TOPIC: Create the Job Classification Homeless Services Division Manager - Retired Annuitant and Appoint Kenneth Gominsky Jr. into the position of Homeless Services Division Manager - Retired Annuitant. AGENDA TITLE: Adopt Two Resolutions i) Amending Resolution No. 2015-026 Establishing an Extra-help Classification of Homeless Services Division Manager - Retired Annuitant and ii) Appointing Kenneth Gominsky Jr. into the Classification of “Homeless Services Division Manager - Retired Annuitant” at the Rate of $84.47 per Hour RECOMMENDED ACTION Adopt two resolutions: i) amending Resolution No. 2015-026 establishing an extra-help classification of Homeless Services Division Manager - Retired Annuitant and ii) appointing Kenneth Gominsky Jr. into the classification of “Homeless Services Division Manager - Retired Annuitant” at the rate of $84.47 per hour. DISCUSSION Kenneth Gominsky Jr. served 32 years with City of Santa Ana Police Department, retiring as Police Captain on August 4, 2021. Prior to his retirement, Mr. Gominsky was an integral part of the City’s team addressing homelessness. Pursuant to California Government Code Section 7522.56, a retiree through the California Public Employees Retirement System (“CalPERS”) can be appointed by the appointing power of the employer without reinstatement or loss of retirement benefits either during an emergency to prevent stoppage of public business or because the retiree has skills needed to perform work of limited duration. However, the retiree shall not be eligible to be employed for a period of one hundred eighty (180) days following date of retirement, unless an employer certifies the nature of employment and that the appointment is necessary to fill a critically needed position before one hundred eighty (180) days have passed and the appointment has been approved by the governing body of the employer in a public meeting. Mr. Gominsky’s retirement from CalPERS leaves the City in critical need in its continuing efforts to address and remedy homelessness. Retired Annuitant September 21, 2021 Page 2 2 1 1 9 In 2019, a point-in-time count indicated approximately 1,663 homeless individuals resided in the Santa Ana868 of them were sheltered, leaving the other 795 individuals living on the streets. Moreover, Santa Ana 911 Police Dispatch has received over 21,000 emergency calls in the last 12 months regarding the homeless. Creation of this classification, when combined with the additional services provided by non-profits, will bridge the City’s efforts to divert the high number of homeless related calls coming into our 911 dispatch. Onboarding this individual is critical prior to us expanding our services and outreach. This is a critical function that the City must be able to provide as soon as possible to assist the multitude of homeless residents. Mr. Gominsky will provide essential facilitation and oversight to the City’s homeless services and efforts. Mr. Gominsky has specialized knowledge and expertise of the homeless services provided by the City across multiple City departments and in the community. It is imperative that Mr. Gominsky provide his expertise immediately so the City can continue to expand its services and coordination with other agencies to ensure the homeless residents of Santa Ana are receiving the assistance and programs they need. Approval of the aforementioned actions will enable the City to provide the ongoing critical services to the community. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this amendment are budgeted and available in the following account: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY21-22 01103010-61020 General Fund City Manager’s Office Salary $82,000 EXHIBIT(S) 1. Resolution to create the job classification of Retired Annuitant 2. Resolution to appoint Kenneth Gominsky Jr. to the position of Homeless Services Division Manager - Retired Annuitant Submitted By: Jason R. Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager Resolution 2021-XXX Page 1 of 3 EXHIBIT 1 RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026, AS AMENDED, TO EFFECT CERTAIN CHANGES TO THE CITY’S BASIC CLASSIFICATION AND COMPENSATION PLAN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A.Section 1004, Article X of the City Charter of the City of Santa Ana requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B.On June 16, 2015, the City Council adopted Resolution No. 2015-026 amending and re-establishing the Basic Classification and Compensation Plan for all Full- and Part-Time Classifications of Officers and Employees of the City of Santa Ana. This Resolution has been amended numerous times since its adoption. C.The City desires to amend the Classification and Compensation plan, as amended, to include a position designated as Homeless Services Division Manager - Retired Annuitant to provide “extra help” to perform work of limited duration or during an emergency to prevent stoppage of public business, as defined in the California Government Code sections 7522.56 and 21224 and attached to this Resolution as Exhibit “L.” D.The City Council has amended and reestablished the Basic Classification and Compensation Plan on numerous occasions since its adoption. E.It is now desired to amend Council Resolution No. 2015-026, as amended, in order to effect this addition, as shown below: Section 2: The Santa Ana City Council amends Resolution No. 2015-026, as amended, adding Exhibit “L” as follows: Establishing the following extra help classification to perform work of a limited duration at the hourly rate range: Resolution 2021-XXX Page 2 of 3 Hourly Rate Range Effective 9/21/2021 Classification Title Minimum-Maximum Homeless Services Division Manager - Retired Annuitant $56.91 - $84.47 Section 3: All salary and hourly rate range classifications are set forth in the City’s “Salary Schedule” as periodically updated. Section 4: That except as amended by this Resolution, all other provisions of Resolution No. 2015-026, as amended, shall remain in full force and effect. Section 5: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21st day of September 2021. ___________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: __________________ Laura A. Rossini Chief Assistant City Attorney Resolution 2021-XXX Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on September 21, 2021 Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana ATTACHMENT 1: EXHIBIT L Attachment 1 EXHIBIT L THE CITY OF SANTA ANA POSITION CLASSIFICATION AND PAY PLAN FOR CLASSIFICATION AND TITLE OF EXTRA HELP FOR A LIMITED DURATION OR DURING AN EMERGENCY TO PREVENT STOPPAGE OF PUBLIC BUSINESS. Hourly Rate Range Effective 9/21/2021 Classification Title Minimum-Maximum Homeless Services Division Manager - Retired Annuitant $56.91 - $84.47 Resolution 2021-XXX Page 1 of 3 EXHIBIT 2 RESOLUTION NO. 2021-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR EXCEPTION TO THE 180-DAY WAIT PERIOD IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 7522.56 AND 21224 WHEREAS, In compliance with Government Code Section 7522.56, the City Council of the City of Santa Ana must provide CalPERS this certification resolution when hiring a retiree before 180-days have passed since his or her retirement date; and WHEREAS, Kenneth Gominsky Jr., CalPERS ID1833203649, retired from the City of Santa Ana from the position of Police Captain, effective August 4, 2021; and WHEREAS, Government Code Section 7522.56 requires that post-retirement employment commence no earlier than 180-days after the retirement date, which is January 31, 2022 without this certification resolution; and WHEREAS, Government Code Section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement -related incentive; and WHEREAS, The City Council of the City of Santa Ana, the City of Santa Ana and Kenneth Gominsky Jr. certify that Kenneth Gominsky Jr. has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, The City Council of the City of Santa Ana hereby appoin ts Kenneth Gominsky Jr. as an extra-help retired annuitant to perform the duties of a Homeless Services Division Manager- Retired Annuitant for the City of Santa Ana under Government Code Section 21224 effective September 22, 2021; and WHEREAS, the entire employment agreement, contract or appointment document between Kenneth Gominsky, Jr. and the City of Santa Ana has been reviewed by this body and is attached herein; and WHEREAS, No matters, issues, terms, or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, The employment shall be limited to 960 hours per fiscal year; and WHEREAS, The compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and Resolution 2021-XXX Page 2 of 3 WHEREAS, The minimum base salary for this position is $9,865 and the hourly equivalent is $56.91 and the maximum base salary for this position is $14,642 and the hourly equivalent is $84.47; and WHEREAS, The hourly rate paid to Kenneth Gominsky Jr. will be $84.47; and WHEREAS, Kenneth Gominsky Jr. has not and will not receive any other benefit, incentive, compensation in lieu of benefit, or other form of compensation in addition to his hourly pay rate. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Council of the City of Santa Ana hereby certifies the nature of the employment of Kenneth Gominsky Jr. as described herein and detailed in the attached employment agreement, appointment document, or employment document and that this appointment is necessary to fill the critically needed position of Homeless Services Division Manager – Retired Annuitant for the City of Santa Ana by September 22, 2021, to provide essential and specialized knowledge and expertise to expand the City’s homeless services and efforts. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 21st day of September 2021. ___________________________ Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: __________________ Laura A. Rossini Chief Assistant City Attorney Resolution 2021-XXX Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-___ to be the original Resolution adopted by the City Council of the City of Santa Ana on September 21, 2021 Date: ___________________ ____________________________ Clerk of the Council City of Santa Ana CITY OF SANTA ANA HUMAN RESOURCES DEPARTMENT Jason R. Motsick Executive Director of Human Resources 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 vmw.santa-ana.orq September 14, 2021 Kenneth Gominsky Jr. Dear Kenneth: Congratulations, it is with great pleasure that I provide you with additional details regarding your offer of employment as a Homeless Services Division Manager — Retired Annuitant for the City of Santa Ana. To summarize our understanding, discussed below are the details of our arrangement: You are an "at-will" employee and serve at the pleasure of the City Manager. Your rate of pay is $84.47 per hour with no other benefit, incentive, compensation in lieu of benefits, or other form of compensation in addition to this hourly pay rate. You will be paid bi-monthly (the 5th & 20th of each month). Your start date is Wednesday, September 22, 2021. Your duties include but are not limited to: • Facilitation and oversight to the City's homeless services and efforts. • Coordinate homeless policies and initiatives with local government agencies, law enforcement, city staff, and other community based organizations. • Perform other specific projects as assigned. In addition, your employment as a retired annuitant is contingent upon Council approval and compliance with CalPERS regulations for retired annuitants. You are hired by the City of Santa Ana as a retired annuitant in a temporary, limited duration assignment not to exceed 960 -hours in a fiscal year (July Ist through June 30th). You must ensure your employment remains in compliance with CalPERS regulations as stated in their "Employment After Retirement, Publication 33". By signing this offer, you are also certifying that you have not received any unemployment insurance compensation for prior retired annuitant employment with any public Your knowledge, expertise, and work history demonstrating your skills to perform the work required for these projects will assist the City in successfully implementing projects/programs. We will contact you with the details for arriving on your first day. Department Head or Designee: I have discus ed the conditional offer of employment with the retiree. Retiree: I have received, read, and agree to the contents of this offer of employment. I understand that this is an offer of at-will employment and that I do not have any recourse or right to appeal should I not successfully meet the established qualification standards. 09/14/2021 Signature Date